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03-09-1999 (City Council) Agenda Packet WYLIE CITY COUNCIL Agenda Tuesday, March 9, 1999 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Father Loyd Morris, St. Anthony Catholic Church Pledge of Allegiance Presentations & Proclamations Proclamation Declaring the Month of March as Red Cross Month. Proclamation Recognizing"Teachers of the Year"Awards. Citizens Participation Worksession • Presentation of Recommendations by the Citizens Bond Advisory Committee. • City Wage Plan CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed form the consent agenda and will be considered separately. A. Consider and act upon the approval of the Minutes from the Joint Worksession of February 16 and the Regular Meeting of February 22, 1999. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Consider and act upon a recommendation to the City Council for the amendment of Chapter 78,Article IV of the City Code,Parkland Dedication. 2. Consider and act upon the approval of a Resolution ordering a Joint Election with the Wylie Independent School District on May 1, 1999 to include a Bond Election in conjunction with the General Election.. Staff Reports Executive Session In accordance with Chapter 551, Government Code,Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071 Consultation with Attorney regarding pending litigation and Section 551.075 Conference with Employees to receive information and question employees regarding the City of Wylie vs.Lanny Payne No.4:98cv238 US District Court. Item No. Agenda Item Action Taken Reconvene into,Open Meeting Take any action as a result of Executive Session. Adjournment. I certify that this Notice of Meeting was posted on this the_day of , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code. City Secretary Date Notice Removed In addition to specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. Speaftc sections of the Open Meetings Act will be identified and announced should Council elect to convene into Firm-wive Session. The Wylie Municipal Complex's Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972./442-8100 or TDD 972/442-8170. Page of MINUTES Wylie City Council Tuesday, February 22, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, February 22, 1999 at 7:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the Invocation. Pledge of Allegiance Councilman Ramsey was asked to lead the Pledge of Allegiance. Presentations & Proclamations A Presentation was made by Mr.Brent Bates regarding a proposed concept for an Arena/Civic Center. Mr. Bates provided Council with a visual presentation of other Arena/Civic Center facilities in Terrell,Athens and Hopkins County. He stated the proposed location (city/school property), the types of usage, and the need within the community for such a facility. Mr. Bates provided three cost options ranging from approximately$300,000 to $2.5 million,depending on size. Mr.Bates intention was to present the concept to Council for their consideration and support. The Mayor thanked Mr. Bates for his presentation. Citizens Participation There was no citizens participation. CONSENT AGENDA Councilman Scott asked that the Minutes of the February 2 Worksession reflect that he was absent. Councilman Scott then made a motion to approve Consent Agenda Items A and B,with the noted correction to Item A, the minutes. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. A. Approval of the Minutes from the January 26 and February 9, 1999 Regular Meetings and the Worksession of February 2, 1999. B. Consider and Act Upon a final plat for the Southplace Estates Phase II subdivision,proposed by Ballpen Venture II,L.P.,generally located along the east side of Taos Lane between Cloudcroft Drive and Silvercreek Drive and being all of a 1.9423 acre tract out of the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. Wylie City Council Minutes February 22,1999 Page 1 ITEMS FOR INDIVIDUAL CONSIDERATION Resolutions 1. Consider and act upon approving a Resolution ordering a Joint Election with the Wylie Independent School District on May 1, 1999. City Secretary,Barbara Salinas addressed this item. Ms. Salinas stated that The Texas Election Law, Chapter 3 gives direction in ordering the election. The resolution, if approved, will meet statutory requirements for ordering the municipal election under Article 5, Sections 1-7 of the Home Rule Charter. Ms. Salinas stated that According to the Elections Administrator, should Council elect to hold a bond election in conjunction with the General Election,the contract would not require an amendment,nor do we anticipate a change in the estimated cost. Councilman Young made a motion to approve the Resolution ordering a Joint Election with the Wylie Independent School District on May 1, 1999. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO. 99-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,COLLIN COUNTY,TEXAS,ORDERING A JOINT ELECTION TO BE HELD ON MAY 1,1999,FOR THE PURPOSE OF ELECTING THREE(3)MEMBERS,(PLACE 1,3,AND 5),TO THE CITY COUNCIL;PLACE 1 AND 3 WILL HOLD OFFICE FOR A PERIOD OF TWO YEARS AND PLACE 5 WILL HOLD OFFICE FOR A PERIOD OF THREE YEARS;DESIGNATING LOCATION OF POLLING PLACE;ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. 2. Consider and act upon approval of a Resolution urging the State Legislature tp increase appropriations to the Texas Department of Transportation (TxDOT) for road and bridge maintenance and expansion. Mr. Collins addressed this item. Mr. Collins stated that the Texas Good Roads/Transportation Association is asking local entities to consider adoption of a Resolution which supports an increase in allocations to TxDOT for the purpose of road and bridge maintenance and expansion. Mr. Collins explained that the source of funding for this increase would be accomplished by funding the Department of Public Safety from a source other than the State Highway Fund and by changing the point of accountability for state motor fuel taxes from the distributer to the terminal rack. Mr. Collins stated that the Resolution also supports the increase of appropriations to TxDOT in order to leverage the maximum amount of federal funding to the State through the Transportation Equity Act for the 21st Century. Councilman Scott made a motion to approve the Resolution urging the State Legislature tp increase appropriations to the Texas Department of Transportation (TxDOT) for road and bridge maintenance and expansion. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-1, Councilman Young voted in opposition. RESOLUTION NO. 99-2 RESOLUTION URGING THE TEXAS LEGISLATURE TO INCREASE APPROPRIATION FOR ROAD AND BRIDGE MAINTENANCE AND EXPANSION 3. Consider and act upon approval of a Resolution suspending the proposed effective date of the proposed rate schedules of Texas Utilities Electric Company. Wylie City Council Minutes February 22,1999 Page 2 City Manager, Mike Collins addressed this item. Mr. Collins stated that TU Electric representatives were unable to attend the meeting this evening but will come before Council and provide additional information at a later date. Mr.Collins explained that the Texas Utilities Electric Company("TU Electric")has filed a statement of Intent and Application to implement proposed Rate GTU-M-General Service Time-Of-Use-Municipality,Rate RTU 1- M-Residential-Time-Of-Use-Municipality, and Rate GTUC-M-General Service Time-Of-Use Voluntary Curtailable Municipality. He explained that these optional time and use rates would be available to TU Electric residential,commercial and industrial customers on a voluntary basis at the customers choice and that these time- of-use rate options will allow participating customers to plan and manage their electrical energy usage to shift their loads from TU Electric's peak periods to TU Electric's off-peak periods,thereby saving on their electric bills and, at the same time, allowing TU Electric to acquire less resources to meet the peak loads of all of its customers. Mr. Collins referred to the attachments to the Agenda Communication. He stated that this information was received from TU Electric, included a copy of the Direct Testimony of Stephen Houle,Rates Manager for TU Electric Company, before the Public Utilities Commission. He stated that the testimony material is a very detailed explanation of the three new Time-of-Use rates that TU is proposing as voluntary options. Mr. Collins stated that the passage of the Resolution would suspend the proposed effective date of said proposed Time-Of-Use Rate Schedules for a period of 90 days from February 19, 1999 and that an Ordinance approving final adoption of the new rate would be considered by the City Council on Tuesday May 12, 1999, with its effective date Tuesday,May 19, 1999. Mr. Collins stated that any concerns or opposition from Council could be discussed when the Ordinance is presented for approval in May, however, the Resolution for consideration this evening only adopts a 90 day review period. Councilman Scott made a motion to approve the Resolution suspending the proposed effective date of the proposed rate schedules of Texas Utilities Electric Company. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO.99-3 A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES OF TEXAS UTILITIES ELECTRIC COMPANY,PROVIDING FOR NOTICE HEREOF TO SAID COMPANY,AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 4. Consider and act upon a Resolution, formally requesting that the Farm-to-Market (FM) designation of S.Ballard St.and Stone St.from S.H. 78 south to the Collin/Dallas County Line and establishing the City of Wylie maintenance responsibility and control of the same portion of roadway. Mr. Collins addressed this item. Mr. Collins stated that the City Council approved a resolution on November 17, 1998,formally requesting that the Farm-to-Market designation for a portion of Ballard St. between Butler St. and Stone Road be eliminated by TxDOT. Mr. Collins explained that the City of Wylie was asked to take this action by the TxDOT Area Engineer's Office in McKinney in order to make a formal request to the TxDOT Commissioners and receive consideration within three months. Wylie City Council Minutes February 22,1999 Page 3 The City has now been notified by the TxDOT Area Engineer's Office that the formal request had not been sent because they believed that the request would have been denied and they now are requesting that an additional portion of FM 544 to the Dallas/Collin County line be taken off of the system as well. This would eliminate the basis of denial being that the request would leave the FM 544 route non-contiguous. Mr.Collins stated that the City of Wylie will be participating in the cost of the Ballard St. pavement project. A detailed presentation of these costs and the arrangements made with the NTMWD was discussed with City Council during its December City Council meeting. The maintenance costs for a new concrete street are expected to be minimal. Mr.Collins stated that beyond the NTMWD project,the estimated maintenance cost of the two- lane east/west section of Stone Street and the two-lane north/south section of W.A. Allen is$2,000 to$4,000 per year. This estimate is based on the following: 1. Seal coat$25,000/8 years and,2. Signs,potholes repair etc. $5,000/8 years. At the end of 1998, TxDOT completed a seal coat project as part of their routine maintenance. This section should not need seal coating until 2006. Approximately three(3)miles of FM 544 is impacted by this proposal. Councilman Scott expressed his concerns regarding the cost of maintaining a road that is uninhabited. There was discussion regarding continued maintenance costs and the possibility of future annexations. Councilman Scott made a motion to approve a Resolution,formally requesting that the Farm-to-Market(FM) designation of S.Ballard St.and Stone St.from S.H. 78 south to the Collin/Dallas County Line and establishing the City of Wylie maintenance responsibility and control of the same portion of roadway. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. RESOLUTION NO.99-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,COLLIN COUNTY,TEXAS,REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION TO REMOVE THE FARM-TO-MARKET 544 DESIGNATION FROM SOUTH BALLARD STREET AND STONE STREET FROM SH 78 SOUTH TO THE COLLIN/DALLAS COUNTY LINE;AND ESTABLISHING CITY OF WYLIE RESPONSIBILITY FOR MAINTENANCE AND FOR CONTROL OF THE ROADWAY. 5. Consider and act upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Clubhouse Complex,Pavilion,and Pool. Mr.Tobin Maples addressed this item. Note: Item Number 5 on the agenda was actually Item No. 6 within the Agenda Packet. Mr. Maples stated that the next three items were all related to the agreement with the City of Sachse to provide specific services to specific areas in the Woodbridge development. Mr. Maples stated that Phase I of the Woodbridge residential development(located within Sachse) has been constructed and is close to being built out and the 18 hole championship golf course(located within Wylie)has also be constructed and is expected to open in August of 1999. Mr. Maples stated that during zoning discussions concerning the Woodbridge development, it was noted that the golf course clubhouse complex and related facilities would be built within the City of Wylie proper and require sewer service from the City of Sachse. He further explained that the clubhouse complex is under construction and is scheduled for completion in June or July 1999. As a result,the Herzog Corporation has requested that the clubhouse complex,pavilion, and pool (located within Wylie)be allowed to connect to the City of Sachse sewer system due to the fact that the City of Wylie does not have operable infrastructure in the area. Wylie City Council Minutes February 22,1999 Page 4 Mr. Maples stated that since Sachse's sewer is treated by the City of Garland (under contract), the City of Garland has stated that resolutions authorizing the City of Sachse to provide sewer services to facilities located within Wylie proper must be approved by Wylie and Sachse prior to actual connections being made. Mr. Maples pointed out that this resolution only encompasses the clubhouse facility,pavilion,and pool and does not include any single family homes and according to the developer,the sewer connections for the above referenced facilities will be permanent. Specifically,the City of Wylie's sewer trunk line is located on the east side of the creek and, therefore,would require these facilities to provide connections underneath the creek and across the golf course. Mr.Maples also noted that although the above referenced connections may be permanent, staff has worded the resolution to allow future connections to the Wylie sewer system should they be desired or required upon completion of the Regional wastewater treatment facility. Mr. Maple stated that due to the fact that the clubhouse complex,pavilion, and pool will be served by the City of Sachse, impact fees will be paid to the City of Sachse. Mr. Maples stated that approximate sewer impact fees the City of Wylie will be losing amount to$9,584.80. Mr. Herzog addressed the Council and provided them the status of Phase I, II and III of the Woodbridge development. Mr.Herzog stated that they are 12-15 months ahead of schedule and anticipated an August opening of the golf course and June for the clubhouse. There was some discussion regarding the development time line for the Wylie development. Mr.Collins stated that there were issues that needed to be discussed with Mr. Herzog regarding the Wylie Development and water/sewer provisions. Councilman Young made a motion to approve a Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Clubhouse Complex,Pavilion,and Pool. Councilman Scott seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Worley abstained. RESOLUTION NO.99-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WASTEWATER TREATMENT FOR THE WOODBRIDGE GOLF COURSE CLUBHOUSE COMPLEX PAVILION,AND POOL AS LOCATED IN"EXHIBIT A". 6. Consider and Act Upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of water service for the Woodbridge Golf Course Clubhouse Complex,Pavilion,and Pool. Mr. Maples addressed this item. Mr. Maples stated that this items was the second of three, related to the agreement with the City of Sachse to provide specific services to specific areas in the Woodbridge development. Councilman Scott made a motion to approve the resolution directing the City Manager to enter into an agreement with the City of Sachse for the Provision of water service for the Woodbridge Golf Course Clubhouse Complex, Pavilion, and Pool. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Worley abstained. RESOLUTION NO. 99-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WATER FOR THE WOODBRIDGE GOLF COURSE CLUBHOUSE COMPLEX PAVILION AN D POOL, AS LOCATED IN"EXHIBIT A". Wylie City Council Minutes February 22,1999 Page 5 7. Consider and Act Upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Maintenance Facility, North Texas PGA Facility,and Golf Course Restroom Facilities. Mr. Maples addressed this item. Mr.Maples stated that this items was the last of three,related to the agreement with the City of Sachse to provide specific services to specific areas in the Woodbridge development. Councilman Scott made a motion to approve the resolution directing the City Manager to enter into an agreement with the City of Sachse for the Provision of water service for the Woodbridge Golf Course Clubhouse Complex, Pavilion, and Pool contingent upon Sachse/Garland approval. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Worley abstained. RESOLUTION NO. 99-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WASTEWATER TREATMENT FOR THE WOODBRIDGE GOLF COURSE MAINTENANCE FACILITY,NORTH TEXAS PGA FACILITY AND COURSE RESTROOM FACILITIES,AS LOCATED IN"EXHIBIT A". Agreements 8. Consider and act upon approval of an Impact Fee Reimbursement Agreement with Centex Homes. City Manager, Mike Collins addressed this item. Mr. Collins provided a brief background regarding the agreement. Mr. Collins stated that the City of Wylie's 10-Year Water and Sewer Capital Improvement Plan identifies the major infrastructure improvements which are necessary to support the projected population growth during the 10-year period and that the projected construction costs for these projects are the basis for water and sewer Impact Fees which are currently assessed. Mr. Collins explained that in order to provide sewer service to Phases III, IV, and V of Newport Harbor, Centex Homes would need to construct a 12,205 linear foot, off-site gravity line which would connect the development to the Muddy Creek Interceptor line. Although a 12" line was all that was necessary to serve the subdivision and meet the City of Wylie's development standards, the CIP reflected a 21' - 24' line which would provide sewer service to a much larger service area. Mr. Collins stated that by working with the developers to construct a sewer line would not only provide the necessary services to the Newport Harbor Subdivision but would put the infrastructure in place to serve the entire area. Mr. Collins stated that staff met with representatives of Centex Homes who agreed to build the sewer line to the size reflected on the CIP. Mr. Collins stated that the Agreement proposed with Centex Homes calls for the City to reimburse the sewer Impact Fees which have been paid for the development and to participate in the cost of the over-sizing of the line and that the cost of the over-sizing will be paid to the developer as Wylie assesses and collects sewer Impact Fees for new development that will utilize the sewer line. Mr. Collins stated that the total amount to be reimbursed to Centex Homes is $600,000. Mr. Collins explained that the amount of sewer Impact Fees that have been paid by the developer for Phases III, IV, and V of Newport Harbor is$440.681.00, which will be reimbursed immediately upon approval of the Agreement by Council and that the balance of$159,319.00 will be reimbursed to the developer as sewer Impact Fees are collected from new developing tying on to the newly constructed sewer line. Wylie City Council Minutes February 22,1999 Page 6 The Agreement,he concluded, specifies that there is no certain date by which the $159,319.00 is due to the developer, but that the payment shall be made only as the Impact Fees are collected. There was some discussion regarding the responsibility to notify and track payments. Mr.Snellgrove, Finance Director, stated that they would set up spread sheet to track, set up fees allocated and reimbursed. Councilman Scott made a motion to approve the Impact Fee Reimbursement Agreement with Centex Homes. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. Replat, 9. Consider and Act Upon a replat of the Westgate Center Phase I Addition,proposed John P. Pennington Investments, Inc., for the property generally located at the southwest corner of FM 544 and Westgate Way and being all of Lot 1,Block A,Westgate Center Phase I,an addition to the City of Wylie,Collin County,Texas. Mr. Maples addressed this item. Mr. Maples stated that the final plat under consideration is for the Westgate Center,Phase One Addition. The applicant is replatting one(1)lot into two(2)in order to develop the northern lot(Lot 1)with a restaurant(Taco Bell). The property is currently vacant,zoned I(Industrial), and platted as Lot 1,Block A,of the Westgate Center,Phase One Addition(19.6741 acres). Mr.Maples stated that staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for ingress/egress. Specifically,the plat under consideration incorporates a variance request to Section 2.4 (Driveway Access Location). Stated more simply, there is a minimum distance upstream and downstream from adjacent intersections within which driveways should not be located. This separation distance varies with the classification of street and is shown in figure 2.3 (see attachment). The minimum driveway separation dimensions applicable to this property have been marked for your convenience. Mr. Maples stated that in order for this property to be in compliance and have access to FM 544, all points of approach would need to be at least 150 feet to the west of the Westgate Way and FM 544 intersection(measured from intersection of paving). Due to the fact that this property only has a total of 167.66 feet of frontage along FM 544,it is not possible for this development to be in compliance and have access to FM 544. In an effort to eliminate circulation problems and improve traffic flow,the applicant is requesting a variance for a driveway onto FM 544 to be located approximately 115-120 feet west of the Westgate Way and FM 544 intersection. Staff does support this variance request and recommends that it be approved. Specifically, Section 1.08 A. of the Subdivision Regulations authorize the Commission and Council to grant a variance to these regulations when it is determined that an unreasonable hardship may result from strict compliance. Mr.Maples stated that the applicant is also seeking a variance for the ingress/egress approach to Westgate Way. In order for this property to be in compliance and have access to Westgate Way, all points of approach would need to be at least 200 feet to the south of the Westgate Way and FM 544 intersection (measured from intersection of paving). If developed today as proposed, the approach onto Westgate Way would be in compliance as 200 feet exist between the said approach and the intersection of paving at the southwest corner of Westgate Way and FM 544. However,once FM 544 is expanded,the separation distance for the approach onto Westgate Way will be less than 200 feet. As a result,the applicant is seeking a variance for this approach in order to avoid future concerns regarding non-conforming status. Staff does support this variance request and recommends that it be approved. Specifically, Section 1.08 A. of the Subdivision Regulations authorize the - Wylie City Council Minutes February 22,1999 Page 7 Commission and Council to grant a variance to these regulations when it is determined that an unreasonable hardship may result from strict compliance. Mr.Maples advised that at the December 15, 1998,Planning and Zoning Commission meeting,the Commission voted by 6-1 to favorably recommend this case. Commissioner Dowdy voted nay based on concerns regarding traffic circulation associated with the variance requests for driveway separation. Mr. Maples stated that staff is recommending approval,subject to fmal engineering approval of the water and sewer connections and the plat being revised as follows: Add the following notes to the plat 1. "A variance from the requirements of driveway separation along FM 544 and Westgate Way is granted with this plat for Lot 1,Block A"and 2. "Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law and is subject to fines and withholding of utilities and building permits. and revising the signature block to include an"Approved for Construction"section. Mr. Maples stated that the Department's of Public Works,Fire,and Community Development concur with this recommendation. Mr. Maples was then available for questions from Council. The applicant, Mr. Ken Harsh, briefly addressed council's concerns regarding traffic concerns. Applicant responded by stating that he was working with the Texas Department of Transportation to address any traffic related issues and approval. Councilman Worley made a motion to approve the replat of the Westgate Center Phase I Addition,proposed John P. Pennington Investments, Inc., for the property generally located at the southwest corner of FM 544 and Westgate Way and being all of Lot 1,Block A,Westgate Center Phase I, an addition to the City of Wylie,Collin County,Texas with the recommended stipulations. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. Public Hearing 10. Consider and Act Upon a request from Robert Heath for approval of a zone change form PD (Planned Development)for Retail,Office,Mini Storage,and B-1 Business or Office/Tech uses to (Planned Development)for Light Assembly,Indoor Auction,Retail,Office,Mini Storage,and B-1 Business or Office/Tech uses,for the property generally located at the southeast corner of SH 78 and Eubanks Lane and being all of a certain 6.1598 acre tract out of the Francisco De La Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. ZC.No.98-10 Mr.Maples addressed this item. Mr. Maples stated that the applicant is requesting rezoning on 6.1598 acres in order to add two (2) permitted uses to the existing Planned Development zoning classification previously approved by City Council on March 26, 1996. Specifically,the applicant is requesting that light assembly and indoor auction be approved as permitted uses on Lot 1. Light assembly and indoor auction uses are permitted by right within a B-2 (Business) district or as approved within a PD (Planned Development). Currently the property is partially developed with business and mini warehouse uses and zoned PD(Planned Development) for Retail,Office,Mini Storage, and B-1 Business or Office/Tech uses. Mr. Maples gave a brief description of the zoning of the property surround the proposed site. Wylie City Council Minutes February 22,1999 Page 8 Mr.Maples referred to the packet information,stating that notations with Planning&Zoning stipulations have been added after approval and that within the last 24 hours,the applicant has made all the recommended changes, per Planning and Zoning Commission.Mr. Maples stated that what is under consideration is two permitted used to lot 1. Mr.Maples stated that at the February 16, 1999,Planning and Zoning Commission meeting, a motion to approve the case per the applicant's request for a variance allowing temporary parking constructed of crushed concrete failed by a vote of 2-3. A second motion to recommend approval per the staff stipulations was approved unanimously. Mr.Maples explained that the Commissioners voting nay on the motion to approve per the applicant's request for a variance allowing temporary parking constructed of crushed concrete expressed the following concerns. 1) they did not want the City to set a precedent for substandard off-street parking; 2)Minimum paving standards for off-street parking were adopted for public safety purposes and,therefore,did not warrant a variance; and 3) Questions regarding whether or not enough off-street parking is provided. Specifically,the Commissioners stated they had concerns that the applicant would lose too many required parking spaces once the retail structure is built. There was some discussion regarding parking standards. Mr. Maples provided explanation as to how a new occupant would then require compliance with code standards. He then described with use of a map how new tenants would effect the separate buildings and code requirements. There was some discussion and concern regarding future expansion to a third building with regard to parking space and availability. Mr.Heath was then asked to come forward. Mr.Heath was asked what his intentions were for the fourth building and if retail was involved. Mr.Heath stated that he does have an interest in building. Council concerns were then for parking requirements. Mr. Maples explained that Mr. Heath must maintain 34 parking spaces and with additional expansion,those lost spaces would have to be replaced and gravel would need to also be replaced and brought up to code. Mr. Heath stated that he does own two acres of unimproved land that he could utilize for parking. Mr. Maples explained that the city will require only a minimum of 34 spaces and does not address overflow parking. Mr. Heath explained that if paved parking is put in prior to his expansion,the paving will be torn up to install utilities, therefore he is requesting a temporary solution of crushed concrete parking,which he will eventually bring up to code after the expansion is complete. Mr. Maples clarified that the Commission did not approve crushed parking and that Mr. Heath is before Council seeking their approval and that options are to deny or approve with stipulations that he develop according to code requirements. Mr. Heath suggested approval of crushed parking on specified area only(expansion site). The Mayor opened the public hearing and asked that anyone wishing to speak in favor or opposition of the zone change come forward,stating their name and address for the record. With no response the Mayor then closed the public hearing. Councilman Scott made a motion to approve the request from Robert Heath for approval of a zone change from PD(Planned Development)for Retail, Office,Mini Storage, and B-1 Business or Office/Tech uses to(Planned Development) for Light Assembly, Indoor Auction, Retail, Office, Mini Storage, and B-1 Business or Office/Tech uses,for the property generally located at the southeast corner of SH 78 and Eubanks Lane and being all of a certain 6.1598 acre tract out of the Francisco De La Pina Survey,Abstract No. 688,City of Wylie,Collin County, Texas,with the stipulation that all staff recommendations are met. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. Wylie City Council Minutes February 22,1999 Page 9 Staff Reports Assistant to the City Manager, Ms. Mindy Manson reported that the status of the Citizens Bond Advisory Committee. The Committee is now considering the revenue side of the issue and assumptions of growth and development over the next five years. The next meeting is March 1 and finance will be providing information on 1,2 and 3 cent increase would mean and how it would effect the average homeowner. They may be meeting on March 4 with recommendations to Council on March 9, 1999. Ms. Manson stated that the attendance has been good and that the Committee did not select a Chair. Ms. Manson called Council's attention to the schedule changes for Collin County Day. Mr. Collins stated that the scheduled worksession regarding the North Texas Municipal Water District Treatment Plant Agreement would not be held. Mr.Collins stated that comments were submitted to North Texas for review and they have asked for additional time to review. The worksession will be rescheduled. A worksession has been scheduled for March 9 for the Wage Plan. Councilman Scott asked for information as to how often and procedure used to evaluate directors and how and when they evaluate their employees and forms used. Executive Session The Mayor then adjourned into Executive Session at 8:07 p.m. in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071 Consultation with Attorney regarding pending litigation and Section 551.075 Conference with Employees to receive information and question employees regarding the City of Wylie vs. Ronnie Higginbotham Cause No. 19976107. Reconvene into Open Meeting;, No action was taken as a result of Executive Session. Adjournment, As there was no further business to come before the Council,the meeting was adjourned. John Mondy, Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes February 22,1999 Page 10 MINUTES Joint Worksession Wylie City Council & The Wylie Independent School District Tuesday, February 16, - 7:00 p.m. Wylie High School-Band Room 2550 West FM 544 Wylie Texas Call to Order The Joint Worksession was called to order at 7:05 p.m. with the following Council members present: Mayor Mondy, Joel Scott, Lavern Ramsey, Merrill Young, J.C. Worley and Chris Trout. Councilwoman Allen was absent. City Staff members present include:Mike Collins,City Manager;Mindy Manson,Assistant to the City Manager; Tobin Maples,Planning Director and Barbara Salinas,City Secretary. Also present were members from the Parks and Recreation Board and Planning and Zoning Commission. Wylie Independent School Board Members present include: Jim Hysaw,Mike Whitcomb, Sue Nicklas, Susan Shuler,John M. Simmons and Henry Garland. Rock King was absent. WISD Staff members present include: Dr. H. John Fuller, Superintendent of Schools, Mr. John Simmons, Business Manager and Betty Stephens,Community Relations Director. Dr. Fuller made brief opening remarks before addressing the first item for discussion. Worksession Items for Discussion Joint-Use Agreement Between City of Wylie and Wylie ISD Land Use Plan Dr.Fuller then presented an overhead of the Joint Use Park and gave description of the future park. Dr. Fuller did indicate that the design is conceptual. Mr.Mike Collins,City Manager,then addressed the council and board before asking Ms. Manson,Assistant to the City Manager,to address the status of the joint use park. Ms.Manson stated that Phase I is currently under construction and that they are now working on the parking area and concrete work. Ms. Manson gave a description of the irrigation and drainage plans. She stated that this should be completed next month. Ms.Manson reported that the City and School conducted a contest to name the park. The contest resulted in 67 entrees,which have been narrowed down to four. The Council was provided the final four names this evening and will make a determination of the winning suggestion. Ms. Manson stated that the winning student will be publicly recognized. Ms. Manson was then available for any questions from the Council and WISD Board. Wylie City Council Minutes February 16,1999 Page 1 There was some discussion regarding the new stadium regarding parking accommodations for Friday night football games, traffic congestion and additional access to and from the parking area. Dr. Fuller responded to the Mayor question regarding a time line. Dr.Fuller stated that the a new stadium is at least four years out. There was some discussion between the Council and Board regarding methods of financing. There was some discussion regarding the status of Grant applications and what could be done differently to make application successful. Ms.Manson stated that all applications submitted are compliant with our Comprehensive Plan and have included mention of major points items such as open space and trails. DARE/School Resource Officer& Crossing Guards Mr. Mike Collins invited Chief Butters to address the Council and Board with regard to the DARE/School Resource Officer and Crossing Guards status. Chief Butters introduced the School Resource Officer, Troy Evenson and DARE officer,Karen Riley. Chief Butters gave a brief description of each of their job duties. Both officers were praised for jobs well done by members of the WISD. Chief Butters gave a brief report on the status of the School Crossing Guards. Chief stated that the program needs improvement and that currently there is no back up plan when Guards cannot be at their crossing. He also advised that this position has a high turn over rate. He stated currently officers provide the back up. Chief Butters was then available for questions from the Council and Board. Communication Pagers Dr. Fuller addressed the issue of Communication Pagers. He stated that the city currently has a contract that provides pagers to their staff members and that the School now has the same contract. Dr. Fuller stated that this could be used to enhance the communications between both the city and school. City Construction Updates South Ballard Street',Project; State Highway 78&F.M.544 South Ballard Street Project Mr. Collins provided an update to the Council and Board regarding the South Ballard project. Mr. Collins outlined the project and provided a time line for completion. There was some discussion with regard to traffic solutions during the reconstruction process. State Highway 78 &F.M.544 Mr.Collins provided an update to the Council and Board regarding the status of State Highway 78 and F.M. 544. Mr. Collins outlined the project and stated that the Council was looking at some concept designs that the City will have an opportunity for input. There was discussion regarding bond projects and the relationship of the pending County Bond election with regard to city projects. Status Reports for Wylie ISD Enrollment;Academic Update&Public Education Grant Program(PEG) Dr.Fuller gave a report to the Council and Board regarding the growth rate. Dr. Fuller stated that the growth rate was down from what was originally projected. Dr. Fuller explained how this effects State funding. Wylie City Council Minutes February 16,1999 Page 2 Dr. Fuller provided a handout entitled"Moving Students into the 21 Century"that detailed State,Region and local TAAS reading, writing, and math test results from 1995, 1996, 1997 and 1998 as well as information related to past bond approval,student population,technological advances, and staff development. There was some discussion regarding taxes and the possibilities of quarterly payments for Senior citizens. Mr. John Simmons,Business Manager,advised that Seniors 65 and over may request that their taxes remain frozen. This must be requested by the homeowner and there are some stipulations. There was discussion between the Council and Board regarding the turn over within the teaching staff and the causes. There was discussion regarding the lack of affordable housing. Dr. Fuller restated that staff development and retention is a priority with the WISD. Status Reports for City of Wylie Economic Update; Railroad Agreement;Bond Election&Comprehensive Land Use Plan. Comprehensive Land Use Plan. Mr.Maples displayed and gave a brief explanation of the proposed Land Use Map. Mr. Maples also provided the Council and Board a map indicating areas of new growth. Mr. Maples stated that this represented approximately 3,300 proposed lots. Bond Election Mayor John Mondy and City Manager Mike Collins provided a status report of a possible bond election that could be held in May or June of this year. There was some discussion as to the relationship the County Bond election results could have on a local bond election and what could be accomplished if approved. Railroad Agreement Mr.Collins briefed Council and the Board on the status of the Railroad Agreement. Mr. Collins stated that the formal agreement was signed at the regular meeting of the Wylie City Council on January 26, 1999. Mr. Collins gave a summary of the agreement and status of project as it effects the community. Other Issues Future Meetings&City& School Partnerships Dr. Fuller concluded the Joint Worksession with a proposal that the Council and School Board to meet in the Spring and Fall of each year and possible establish an exchange of agendas and minutes. Adjournment. As there was no further discussion to come before the Council and School Board,the meeting was adjourned at 9:15 p.m. John Mondy, Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes February 16,1999 Page 3 WYLIE CITY COUNCIL Worksession March 9, 1999 Issue Presentation by the Citizens Bond Advisory Committee Background On January 26, 1999,the City Council appointed a Citizens Bond Advisory Committee with the intent of going to the voters with a Bond Election May 1, 1999. The Committee met four times,beginning Monday,February 1 and culminating with a vote for recommendation to Council during their meeting Monday, March 1. The Committee was presented with projects for their review in the categories of paving,parks, drainage, water,and sewer. The Committee was also presented with information regarding the matching funding necessary to leverage the$2.4 allocation from the County Bond Election and the $5.5 in Demonstration Funding made available through the reauthorization of the Federal Transportation Act. A description of each individual project is included in the attachments. The Committee voted to recommend the following bond package as a single proposition: General Obligation Bond Paving $12,358,000 Drainage $ 1,227,500 Parks $ 700,000 County Match $ 2,400,000 Federal Match $ 1,100,000 Sub-Total $17,785,500 Water& Sewer Revenue Bond Water $ 343,000 Sewer $ 2,930,000 Miscellaneous Utility $ 500,000 Sub-Total $ 3,773,000 TOTAL $21,558,500 The Citizens Bond Advisory Committee will meet March 15 to plan for the public information effort leading up to the May 1 election. Individual Consideration Citizens Bond Advisory Committee Paae 1 Financial Considerations The Bond Committee determined that a conservative growth projection for single family development over the next five years was 300 single family homes per year at a value of$100,000 per home. The associated revenue generated by that growth was the single factor considered by the Committee that could sustain the debt generated by the issuance of the bonds. The Committee acknowledged that commercial development, fees, sales tax and so forth could also experience growth over the next five years. However,the Committee also recognized the fact that the growth that will be experienced will also place demands on the personnel needed to provide services, as well as other necessary expenditures. Once the Bond Committee made the final recommendation, staff was able to evaluate the timing and sequencing ofthe projects in order to determine the impact on the budget over a 3 - 5 year time frame. It is recommended that a$0.05 increase over the next three years will be necessary to support the debt. The attached table illustrates the affect of the rate increase on both the average existing home value in Wylie as well as the average new home: Existing Proposed Monthly Tax Monthly Tax Payment Payment Increase Per _ Home Value ($.675) ($.725) Month Average $46.97 $50.45 Home $85,300 $3.48 $56.25 $60.42 New Home $100,000 $4.17 The growth in the Utility Fund revenue will support the debt for the water and sewer projects. The costs associated with the design and construction of the new Wastewater Treatment Plant will require a recommended$1.00 per month increase on the Sewer Pass-Through fee. However, because the North Texas Municipal Water District is issuing the debt to finance the plant construction,voter approval is not required. The City Council has the authority to approve the fee. Other Considerations Article III, Section 2:E of the City Charter grants the City Council the authority to create committees as it deems necessary to carry out the functions and obligations of the city. Board/Commission Recommendation The Citizens Bond Advisory Board recommends approval of the $21.5 Bond Package. Staff Recommendation N/A Attachments Committee Membership Annual/Monthly Tax Cost for Single Family Residence Bond Project Lists 444, /n601,5,,,_ yn-AAQ. eAtAA Prepar by Re wed by Finan City Manager Approval Individual Consideration Citizens Bond Advisory Committee Paae 2 CITIZENS BOND ADVISORY COMMITTEE NAME ADDRESS: _ HOME # WORK Toni Young 200 Westgate Way 442-7916 442-0900 Carter Porter 114 N. Ballard 429-1355 442-7652 Pat Nethery 401 Washington Place 442-1438 same Lois Swartz 506 W. Jefferson 442-5583 2/692-3991 Rita Smith 401 N. Ballard 442-5705 same Wanda Sparks 308 Willow Way 442-5027 235-5201 Chuck Trimble 204 Rush Creek 442-1079 442-4484 Julie Schmader 1308 Anchor Drive 442-9973 same Sharon Dowdy 325 Callie Court 442-2471 442-7633 Warner Washington 621 Stoneybrook 442-0282 442-2765 Mark Cooper PO Box 692 442-1302 442-2231 Roger Smith 106 Carriage House Way 442-9934 Donna Larson 345 Donna Drive 442-6424 442-2111 Gary E. Bowland 700 Westwind 442-1467 442-0453 Nelson L. Underwood 1712 Lincoln Dr. 442-7459 2/765-8717 Mike Collins, City Manager Chris Hoisted, Hogan Corp. 442-8120 380-4646 Mindy Manson, Assistant to the City Manager Jack Jones, Supt. Public Works 442-8120 442-7588 ANNUAUMONTHLY TAX COST FOR SINGLE FAMILY RESIDENCE , February 21, 1999 Ad Valorem Taxes Generated at Current Rate Plus $0.01 Plus $0.02 Plus $0.03 Plus $0.04 Plus $0.05 Plus $0.06 Home Value $0.675 $0.685 $0.695 $0.705 $0.715 $0.725 $0.735 Average per CAD $83,500 $83,500 $83,500 $83,500 $83,500 $83,500 $83,500 Annual Tax Pymt. $563.63 $571.98 $580.33 $588.68 $597.03 $605.38 $613.73 Monthly Cost $46.97 $47.66 $48.36 $49.06 $49.75 $50.45 $51.14 Monthly Difference $0.00 $0.70 $1.39 $2.09 $2.78 $3.48 $4.18 Ad Valorem Taxes Generated at Current Rate Plus $0.01 Plus $0.02 Plus $0.03 Plus $0.04 Plus $0.05 Plus $0.06 Home Value $0.675 $0.685 $0.695 $0.705 $0.715 $0.725 $0.735 New Home Average $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 Annual Tax Pymt. $675.00 $685.00 $695.00 $705.00 $715.00 $725.00 $735.00 Monthly Cost $56.25 $57.08 $57.92 $58.75 $59.58 $60.42 $61.25 Monthly Difference $0.00 $0.83 $1.67 $2.50 $3.33 $4.17 $5.00 HOU SETAX.W K4 03/01/99 03:28 PM WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION March 9, 1999 Item No. Issue Discuss and consider a recommendation to the City Council for the amendment of Chapter 78, Article IV of the City Code,Parkland Dedication Background The Parkland Dedication Ordinance is the tool by which the City obtains either the dedication of parkland or the payment of fees through the residential development process. The fees paid are applied to the purchase of land for new parks or the improvement of existing parks. Further,the fees must be used within the same geographic area or "Park Zone" in which the residential development generating the fees occurs. Over the course of the past year, the Park Board has been working with greater frequency with developers in implementing the Parkland Dedication Ordinance. During discussions, the Board determined that the ordinance,which was adopted in 1987, needed to be reviewed and updated. Wylie's ordinance requires either the dedication of 1 acre for every 133 dwelling units, or the payment a fee which is $225 per dwelling unit. These standards apply to all residential development. Upon review of ordinances from local communities, the Board recommends increasing the land dedication requirement from 1 acre per every 133 dwelling units to 1.5 acres per every 100 dwelling units. Further, the Board recommends increasing the Parkland Dedication Fees from$225 per dwelling unit to $500 per dwelling unit. In further discussion, it was the intent of the Board to ensure that the ultimate decision regarding the choice of land dedicating or payment of fees rested with the City and not the developer. The ordinance requires that if the number of dwelling units being developed would yield less than 1 acre then the developer must pay the fee. The Park Board recommends an amendment to the ordinance that clearly puts the decision making on the City rather than the developer by adding the following to Section 78- 107(c): In all other instances,the city shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the parks and recreation board, and to require payment of cash in lieu of land in the amount provided by section 78-108(c), if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks; or a combination thereof, as determined by the City. Individual Consideration Parkland Dedication Paae I Two additional recommendations for amendments from the Park Board include adding a specific reference to the Park Master Plan. Although each recommendation made by the Board has followed the intent of the Master Plan,the Board believes that that procedure should be codified by adding the following statement to Sec. 78-109. Comprehensive plan considerations: Sec. 78-109. Comprehensive plan considerations. The city, thouglrits taff &ad zodlitg co,i lis iolrrec.nnicndations and city-.,ouncil apprudal shall create and maintain a master park plan for the city and its extraterritorial jurisdiction. The city shall further designate the size of the parks and the zones which are to be supportive of these parks. Dedication of park land shall be in accordance with the master plan.The city will determine the park location based on land suitability. This plan may be, from time to time,updated and amended at the pleasure of the approving authorities and at the review of proposed plats for development within those zones. icavtion to plopubctl will be piiuiity by the dcvclu1rcis and-hiall be lueatcd On unsubdiVidkd-avivago givatki Finally, the Park Board recommends the following new section be added to the ordinance in order to ensure developer participation in the preparation of land dedicated for park use: Sec. 78-112. Minimum park improvements. In cases where land dedication is chosen,the following minimum criteria must be adhered to by the developer, at the developer expense,prior to acceptance of the improvements by the city. a) Grading and clearing of unwanted vegetation, to be determined by the city; b) Installation of sub-grade drainage. No open drainage channels will be permitted on land being dedicated for park purposes;and, c) Provision of water and sewer service to the site. Financial Considerations To date, approximately $103,550 in Parkland Dedication Fees have been paid, representing approximately 460 dwelling units. Of land dedication, conceptual approval has been given to 56 acres ofprivate park and open space(Home Owner's Association)and 60 acres of public park and open space. Other Considerations Article VIII, Section 2 ofthe City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Board/Commission Recommendation The Parks&Recreation Advisory Board unanimously recommended approval of the above amendments, February 7, 1999. Staff Recommendation N/A Individual Consideration Parkland Dedication Paae 2 Attachments Summary of Area Ordinances Review of Ordinances Parkland Dedication Ordinance Nyt .4, L. 1111/. lode' PreparO.y Revie d by Finance City Manager Approval Individual Consideration Parkland Dedication Paae 3 Parkland Dedication Summary of Area Ordinances Fee per Lot Fee per Lot Land Dedication . Single-Family Multi-Fa i1v All Residential Coppell • $1,284 per lot $1,285 per lot 1 acre / 100 units Farmers Branch None None None Flower Mound • $500 per unit $500 per unit 2 acres / 100 units Frisco $500 per unit $500 per unit 1 acre / 100 units Lewisville : $250 per unit $250 per unit 1 acre / 100 units McKinney Fee equal to the Fee equal to the 220 sq.ft. per capita average per-acre value average per-acre value of the property of the property Plano $467.47 per unit $323.96 per unit None - land is purchased with fees collected Richardson None None None North Richland Hills $225 per unit $225 per unit 1 acre / 104 units Denton 1/4 of 1% of 1/4 of 1% of 1 acre / 100 units construction costs construction costs Allen $645 per unit $645 per unit 1 acre / 100 units Sachse $550 per unit $550 per unit Amount of land equal to the fee, based on a fair market value Wylie $225 per unit $225 per unit 1 acre / 133 units Review of Ordinances Plano - The City is divided into 13 service areas; a Park Improvement Program (PIP) has been developed which identifies all planned capital improvements and the associated costs, based on Master Plan - The fees are based on the total cost of anticipated improvements in the Master Plan and PIP divided by the total population to be served by the park facilities - The fees are used to: 1) repay developers for contributions of land or park improvements; 2) acquire and develop park land; 3) reimburse city funds for prior land acquisition and development - Fees collected prior to issuance of a building permit Rockwall - The.City is divided into 21 Park Districts; total population is identified for each district - Amount of land dedication varies depending on the district, ranging from .5 - 2 acres per unit - Fees are calculated based on a ratio between the population served and the cost of future improvements and are dealt with on a pro rata basis. - If the developer builds the park they are responsible for streets, drainage & utilities; the City will then collect pro rata fees from future development in the district and reimburse the initial developer - Recommended size of park & suitability of land similar to Wylie's ordinance. - Fees are paid at the time of final platting Council takes action after considering recommendations from the Planning & Zoning Commission and Park Board. Any proposals considered by the P&Z have to be reviewed by the Park Board. The P&Z may make a decision contrary to the Park Board's only by a vote of at least 5 members. Final decisions are referred to the Council. Sachse A developer may dedicate land which has a fair market value "equal to, or less than, or greater than" the amount that the owner would be required to pay in fees; owner submits a proposal to the City Manager along with an appraisal of the property - acceptance of the land is at the sole discretion of the City Council - If the value of the land is less than the fee, the developer pays the City the difference - Fees are paid at the time of final platting Allen - Size of park and suitability of land similar to Wylie's ordinance - Specific to Planned Development zoning, for every 75 dwelling units, 1 acre of open space must be developed (flood plain is acceptable, floodway is not); this acreage may be used to meet the park land requirements if it is dedicated to the City and meets all other requirements - If the developer chooses to dedicate land, they are required to: 1) grade the land and clear unwanted vegetation, 2) install subgrade drainage - no open drainage channels allowed, and 3) provide water and sewer to the site. §78-38 WYLIE CODE enhancing the enjoyment of the parks, par • ays, ational areas in the form of neighborhood parks recreation and community center facilities :nd for are necessary and in the public welfare, and that the regulation of their use. the only adequate procedure to provide for neigh- (Ord. No. 78-18, art. II, § 8, 6-13-78; else 1991, borhood parks is by integrating such a require- ch. 1, § 7.07) ment into the procedure for planning and devel- oping property or subdivision in the city,whether Sec. 78-39. Limitations of autho ' y. such development consists of new construction on vacant land or rebuilding and remodeling of struc- The parks and recreation board s'all not have tures on existing residential property. any authority to make contracts it create any legal obligation or liability for the ity. (b) Neighborhood parks are those parks provid- (Ord. No. 78-18, art. II, § 9, 6-1 78; Code 1991, ing for a variety of outdoor recreational opportu- ch. 1, § 7.08) nities and within convenient distances from a majority of the residences to be served thereby. Secs. 78-40-78-70. Resery... The park zones established by the parks and recreation department and shown on the official parks and recreation map for the city shall be ARTICLE III. PARKS • I OPEN SPACE prima facie proof that any park located therein is MASTER 'LAN within such a convenient distance from any resi- dence located therein.The primary cost of neigh- Sec. 78-71. Adopted. borhood parks should be borne by the ultimate On January 23, 1996, he parks and open space residential property owners who,by reason of the master plan for the c' y, as filed with the city proximity of their property to such parks,shall be secretary, was official , adopted. the primary beneficiaries of such facilities.There- (Code 1991, ch. 1, § :.01) fore, this article is adopted to effect the purposes stated. Sec. 78-72. Park ones same boundaries as (Ord. No. 87-15, § 1, 1-27-87; Code 1991, ch. 1, § lift s•:tion districts. 9.01) The park zone- necessary for the implementa- Sec. 78-107. Dedication procedures. tion of the park 'edication ordinance are declared to have the s. e boundaries as those defined in (a) Whenever a final plat is filed on record with the lift statio district ordinance. the county clerk of Collin County for development (Ord. No. 87- 4, 1-27-87; Code 1991, ch. 1, § 8.02) of a residential area in accordance with the plan- ning and zoning ordinances of the city, such plat Secs. 78-7 78-105. Reserved. shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal one acre for each 133 proposed ARTICLE IV. PARKLAND DEDICATION dwelling units. Any proposed plat submitted to the city for approval shall show the area proposed Sec. 78-106. Purpose of article. to be dedicated under this article. The required dedication of this article may be met by a pay- (a) This article is adopted to provide recre- ment of money in lieu of land when permitted or ational areas in the form of neighborhood parks required by the other provisions of this article. as a function of subdivision development in the city.This article is enacted in accordance with the (b) The city council declares that development home rule powers of the city, granted under the of an area smaller than one acre for public park state constitution, and the statutes of the state purposes is impractical. Therefore, if fewer than including, but not by way of limitation, V.T.C.A., 133 units are proposed by a plat filed for approval, Local Government Code § 54.004, and ch. 212. It the developer shall be required to pay the appli- is hereby declared by the city council that recre- cable cash in lieu of land amount provided by CD78:4 yY PARKS AND RECREATION § 78-110 section 78-108(c), rather than to dedicate any land for parks.The fee amount shall be as set out land area. No plat showing a dedication of less in the fee schedule in appendix C to this Code of than one acre shall be approved. Ordinances. Once the city has been reimbursed entirely for all such park land within a park zone, (c) In instances where an area of less than five this section shall cease to apply, and the other acres is required to be dedicated, the city shall subsections of this section shall again be applica- have the right to accept the dedication for ap- ble. proval on the final plat, or to refuse the dedica- tion,after consideration of the recommendation of (c) To the extent that subsection (b) of this the planning and zoning commission and the section is not applicable, the dedication require- parks and recreation board, and to require pay- ment shall be met by a payment in lieu of land at ment of cash in lieu of land in the amount a per acre price set from time to time by resolu- provided by section 78-108(c), if the city deter- tion by the city council, sufficient to acquire land mines that sufficient park area is already in the and provide for adjacent streets and utilities for a public domain in the area of the proposed devel neighborhood park to serve the park zone in opment,or if the recreation potential for that zone which such development is located.Unless changed would be better served by expanding or improving by the city council, such per acre price shall be existing parks. based on the fee as set out in the fee schedule located in appendix C to this Code. Cash pay- (d) The dedication required by this article shall ments may be used only for acquisition or improve- be made by filing of the final plat or contempora- ment of a neighborhood park located within the neously by separate instrument unless additional same zone as the development. dedication is required subsequent to the filing of (Ord. No. 87-15, § 3, 1-27-87; Code 1991, ch. 1, § the final plat. If the actual number of completed 9.03) dwelling units exceeds the figure upon which the Sec. 78-109. Comprehensive plan consider- original dedication was based, such additional ations. dedication shall be required,and shall be made by payment of the cash in lieu of land amount The city, through its staff,planning and zoning provided by section 78-108(c). commission recommendations and city council (Ord. No. 87-15, § 2, 1-27-87; Code 1991, ch. 1, § approval shall create and maintain a master park 9.02) plan for the city and its extraterritorial jurisdic- tion. The city shall further designate the size of Sec. 78-108. Money in lieu of land. the parks and the zones which are to be support- ive of these parks.This plan may be,from time to (a) Subject to approval of the city council, a time,updated and amended at the pleasure of the land owner responsible for dedication under this approving authorities and at the reaction to pro- article may elect to meet the requirements of posed subdivisions presenting plats for develop- section 78-107, in whole or in part, by a fee ment within those zones. These designated park payment in lieu of land,in the amount set forth in areas will be given first priority by the developers subsection (c) of this section. Such payment in and shall be located on unsubdivided acreage lieu of land shall be made at or prior to the time of greater than 50 acres minimum to allow the final plat approval. Nonpayment of fee shall con- subdivider adequate land to offset the initial stitute grounds sufficient to deny approval of dedication.Other funds received from tracts within proposed plat. the area, both larger and smaller,will be used for the development of the park. (b) The city may, from time to time, decide to (Ord. No. 87-15, § 4, 1-27-87; Code 1991, ch. 1, § purchase land for parks in or near the area of 9.04) actual or potential development. If the city does purchase park land in a park zone, subsequent Sec. 78-110. Park acquisition and improve- park land dedications for that zone shall be in ment fund; right to refund. cash only, and calculated to reimburse the city's (a) There is hereby established a special fund actual cost of acquisition and development of such for the deposit of all sums paid in lieu of land CD78:5 § 78-110 WYLIE CODE dedication under this article or any preceding with city engineering standards, and if no signif- ordinance,which fund shall be known as the park icant area of the park is cut off from access by acquisition and improvement fund. Such fund such channel. may be subdivided to create as many separate funds as become necessary in order to ensure that (d) Each park must have ready access to a all funds are separated by park zone and spent public street. wholly and completely within such park zone. (e) Unless provided otherwise in this section, Each fund shall be separately audited in the an action by the city shall be by the city council, annual audit of the city and shall be available for after consideration of the recommendations of the public review. planning and zoning commission and the parks (b) The city shall account for all sums paid in and recreation board and its recommendation to lieu of land dedication under this article with the city council. reference to the individual plats involved. Any (Ord. No. 87-15, § 6, 1-27-87; Code 1991, ch. 1, § funds paid for such purposes must be expended by 9.06(a)—(e)) the city within five years from the date received by the city for acquisition or development of a Secs. 78-112-78-145. Reserved. neighborhood park. Such funds shall be consid- ered to be spent on a first in,first out basis.If not so expended, the owners of the property, on the ARTICLE V. PARK REGULA ► ONS last day of such period, shall be entitled to a pro rata refund of such sum computed on a square footage of area basis.The owners of such property DIVISION 1. GENER• Y must request such refund within one year of entitlement, in writing, or such right shall be Sec. 78-146. Hours open to th public. barred. (Ord. No. 87-15, § 5, 1-27-87; Code 1991, ch. 1, § (a) The community parks, re eation and corn- 9.05) munity center shall be open to e general public only between the hours of 6:'"0 a.m. and 12:01 Sec. 78-111. Additional requirements. a.m. unless a ball game or o er recreational or community activity unexpect:sly exceeds the 12:01 (a) Any land dedicated to the city under this a.m. curfew, in which even the time for closing article must be suitable for park and recreation the particular facilities involved will be extended uses. The following characteristics of a proposed to 1:00 a.m., at which ti e all activities in such area are generally unsuitable: facilities will cease, an, the facilities will be (1) Any area primarily located in the 100-year closed to the public u til 6:00 a.m. the next floodplain. morning. (2) Any areas of unusual topography or slope (b) The curfew res 'ctions as provided in sub- which renders same unusable for orga- section (a) of this se tion may be waived by the nized recreational activities. city council, on a c..e-by-case basis, on the writ- ten request of the .onsor of an activity or event, Such characteristics of a parkland dedication area if the council de •rmines that such activity or may be grounds for refusal of any preliminary event will be cons cted in such a fashion so as not plat. to cause disrup on of the peace of the neighbor- (b) Land listed in subsection (a) of this section hood,and not o erwise adversely effect the safety may be accepted by the city council, provided that or welfare of tizens or city facilities. suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. (c) It shal be unlawful for any person except members o the police and fire departments or (c) Drainage areas may be accepted as part of a employees of the parks and recreation depart- park if the channel is constructed in accordance ment eng.ged in the performance of their official CD78:6 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION March 9, 1999 Item No. Q., Issue Consider and act upon approving a resolution ordering a Bond Election on May 1, 1999. Background Article V11, sect. 8.E of the City Charter requires an election be held for the authorization by the citizens of the issuance of bonds. The purpose of the Resolution is to order the election and set out the procedures for holding the election. The resolution stipulates the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations. Early voting will take place at the Municipal Complex beginning April 14, 1998 through April 27, 1998 from 8:00 a.m. to 5:00 p.m. There will be an extended hour voting on Thursday, April 22, 1998 from 8:00 a.m. to 7:00 p.m. and on Saturday,April 24, 1998 from 8:00 a.m. to 5:00 p.m. The Collin County Election contract details the duties and responsibilities of both the contracting officer and the City. Financial Consideration Three thousand three hundred and fifty dollars($3,350)has been budgeted for the city's share in the joint elections. Details on the cost sharing is provided within the contract with the County Elections Administration. According to the Elections Administrator, should Council elect to hold a bond election in conjunction with the General Election, the contract would not require an amendment, nor do we anticipate a change in the estimated cost. Other Consideration The Texas Election Law, Chapter 3 gives direction in ordering the election. The resolution, if approved, will meet statutory requirements for ordering the municipal election under Article 5, Sections 1-7 of the Home Rule Charter. The Wylie City Charter,Article V11, Municipal Finance, Sect. 8 Borrowing, grants the City Council the authority to borrow by whatever method it may deem to be in the public interest. Board and Commission Recommendation The Citizen Bond Advisory Board recommends approval of a Resolution ordering a Bond election. Individual Consideration Bond Election Paae 1 Staff Recommendation Staff recommends approval of the resolution. Attachments Resolution Cost Summary Prep. by Revi d by Finance City Manager Approval Individual Consideration Bond Election Paae 2 01/28/99 13:01 2T9726333214 ELECTIONS Z 010.012 City of Wylie - Estimated Contract Cost - Exhibit "A" 01/28/99 09:49 AM -. ELEC82 May 1, 1999 SUPPLY COST - CITY $30.50 Punch Card Ballots 500 $61 per M Sample Ballots 20 $0.55 each $11.00 Early Voting Mail Ballots 10 $0.55 $5.5050 $5 per C $2.50 Demonstrator Ballots 3 $6.75each $20.25 Frames (Ballot Pages) 1 $30 each $30.00 Ballot Style Setup by the Printer $99 75 Total Estimated Supply Cost-City SUPPLY COST - CITY &WISD Punch Card Ballots 1500 $61 per M $91.50 Sample Ballots 20 $0.85 each $17.00 Early Voting Mail Ballots 10 $0.90 $9.00 500 $5 per C $25.00 Demonstrator Ballots Frames (Ballot Pages) 6 $8.50each $51.00 Early voting and election day kits 3 $25 each $75.00 Cental Counting kit and supplies 1 $50 each $50.00 3 $5 each $15.00 County precinct maps 1 $30 each $3Q00 Ballot Style Setup by the Printer $363.50 Total Estimated Supply Cost- City &WISD RENTAL OF EQUIPMENT - CITY ,. Voting Machines 3 $30 each $90.00 Total Estimated Equipment Rental - City $90.00 RENTAL OF EQUIPMENT - CITY & WISD 6 $30 each $180.00 Voting Machines 1 $50 each $50.00 Early Voting Cabinet 2 $5 each $10.00 Transfer Cases 4 $5 each $20.00 Ballot Boxes 4 $1 each $4.00 Metal Signs 4 $2 each $8.00 Wood Signs 4 $5 each $20.00 Large Early Voting Signs 3 $5 each $15.00 Demonstrator Voting Machine 4 $0.50 $2.00 Directional Poles 2_Q0 Tote Boxes 2 $1 each Total Estimated Equipment Rental - City &WISD $311.00 EARLY VOTING COSTS - CITY & WISD 5 Si each $5.00 Mailed Ballot Kits 5 $0.52 EACh $2.60 Postage for mailed Early Ballots Workers for early voting location 2 # of workers Total hours worked 210.75 $6 per hour $1,264.50 $25 00 Pickup & Delivery of early voting supplies 1 $25 per poll Assemble Early Voting Location 1 $48 per site $48.00 Early Voting Computer at site 1 $300 per site $300.00 Total Estimated EV Costs - City &WISD $1,645.10 4 2.0� EARLY VOTING BALLOT BOARD - CITY ONLY $42.05 Total Early Voting Ballot Board -City Only 01/28/99 13:02 V972633321.1 ELECTIONS [ ]011/012 01/28/99 page 2 ELECTION DAY - CITY & WISD 9 #of election poll workers 104 $6 per hour $624.00 Total hours worked 2 $25 per poll $50.00 #of delivery fees to election judges Total Estimated Election Day Costs- City&WISD $674.00 ADMINISTRATIVE EXPENSES - CITY & WISD 11 $1.50 each Manual recount per Election Code $60.00 $60.00$ 0.00 6 $1.50 each Process early voting and poll worker checks 16.50 #of mail election judge notices 89. 0 Total Estimated Administrative Costs-City &WISD $ TABULATION AND CENTRALIZED COSTS SHARED BY ALL ENTITIES 0 Tabulation Network $1,400.$1,400.00 $6 per hour $495. Programming 60 $1 Cost for central count workers 495. 0 FICA on election workers ,697.50 Press Release $104 Notice of tabulation test $$04.50 42.00 Early Voting personnel Piano $58 .50 Early voting computer in Plano $ 300.00 County overtime and temporaries $466.89 FICA & Retirement for County employees Total Estimated Tabulation & Centralized Costs $8,197.23 SUMMARY OF COSTS $gg 75 Total Estimated Supply Cost - City $90 75 $42.05 Total Estimated Equipment Rental - City Total Early Voting Ballot Board - City Only - , $$ .05 1 Total Total Estimated Supply Cost- City&WISD $363.50 Total Estimated Equipment Rental - City&WISD $311.00 Total Estimated EV Costs - City &WISD $1,645.10 Total Estimated Election Day Costs-City&WISD $674.00 Total Estimated Administrative Costs- City&WISD 85.50$3 07 0 Total 2 I Expense divided by number of entities sharing early voting and election day polls $1 539.5 WISD &City Total for City 51 Total Estimated Tabulation &Centralized Costs $8,197.23 Total $8,197.23 11 Expense divided by total number of entities contractingr withfor County for May election I $745.11 $2,516.55 Entity's share of expenses 5� 1 .55 County Election Officer's Administrative Charge at 10% $2,768.21 Total estimated expense to entity for May 1, 1999 Election $2,491.39 90 To Due prior to March 12, 1999